Common use of Exculpation and Indemnity; Other Interests Clause in Contracts

Exculpation and Indemnity; Other Interests. (a) The Service Provider (including its partners, officers, managers and employees) shall not be liable to Equity or its affiliates or their respective officers, directors, managers, employees, agents or representatives for any acts or omissions taken, or not taken, in good faith on behalf of Equity and in a manner reasonably believed by the Service Provider to be within the scope of the authority granted to it by this Agreement and in the best interests of Equity, except for acts or omissions constituting gross negligence, fraud or willful misconduct in the performance of the Service Provider’s duties under this Agreement. Equity shall indemnify, defend and hold harmless the Service Provider and its affiliates and each of their respective partners, members, officers, directors, employees, agents and representatives from and against any and all claims or liabilities of any nature whatsoever (including consequential damages and reasonable attorney’s fees) arising out of or in connection with any claim against the Service Provider under or otherwise in respect of this Agreement, except where attributable to the gross negligence, fraud or willful misconduct of the Service Provider or its partners, officers, managers, employees, agents or representatives.

Exculpation and Indemnity; Other Interests. (a) The Service Provider (including its partnersmembers, officers, managers and employees) shall not be liable to Equity Realty or its affiliates or their respective partners, members, officers, directors, managers, employees, agents or representatives for any acts or omissions taken, or not taken, in good faith on behalf of Equity Realty and in a manner reasonably believed by the Service Provider to be within the scope of the authority granted to it by this Agreement and in the best interests of EquityRealty, except for acts or omissions constituting gross negligence, fraud or willful misconduct in the performance of the Service Provider’s duties under this Agreement. Equity Realty shall indemnify, defend and hold harmless the Service Provider and its affiliates and each of their respective partners, members, officers, directors, managers, employees, agents and representatives from and against any and all claims or liabilities of any nature whatsoever (including consequential damages and reasonable attorney’s fees) arising out of or in connection with any claim against the Service Provider under or otherwise in respect of this Agreement, except where attributable to the gross negligence, fraud or willful misconduct of the Service Provider or its partnersmembers, officers, managers, employees, agents or representatives.

Exculpation and Indemnity; Other Interests. (a) The Service Provider ELRM (including its partners, officers, managers directors and employees) shall not be liable to Equity ATAPM or its affiliates or their respective officers, directors, managers, employees, agents or representatives for any acts or omissions taken, or not taken, in good faith on behalf of Equity ATAPM and in a manner reasonably believed by the Service Provider ELRM to be within the scope of the authority granted to it by this Agreement and in the best interests of EquityATAPM, except for acts or omissions constituting gross negligence, fraud or willful misconduct in the performance of the Service ProviderELRM’s duties under this Agreement. Equity ATAPM shall indemnify, defend and hold harmless the Service Provider ELRM and its affiliates and each of their respective partners, members, officers, directors, employees, agents and representatives from and against any and all claims or liabilities of any nature whatsoever (including consequential damages and reasonable attorney’s fees) arising out of or in connection with any claim against the Service Provider ELRM under or otherwise in respect of this Agreement, except where attributable to the gross negligence, fraud or willful misconduct of the Service Provider ELRM or its partners, members, officers, managers, employees, agents or representatives.